Criminal investigation steven g. brandl

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StevenG.Brandl

UniversityofWisconsin–Milwaukee

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Names:Brandl,StevenG (StevenGerard)author

Title:Criminalinvestigation/StevenG.Brandl,UniversityofWisconsin,Milwaukee.

Description:FourthEdition.|ThousandOaks:SAGEPublications,[2018]|Revisededitionoftheauthor’sCriminalinvestigation,[2014]| Includesbibliographicalreferencesandindex

Identifiers:LCCN2017038234|ISBN9781506391410(pbk :alk paper)

Subjects:LCSH:Criminalinvestigation

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BriefContents

Preface

Acknowledgments

AbouttheAuthor

Chapter1:TheInvestigationofCrime

Chapter2:TheHistoryofCriminalInvestigation

Chapter3:TheRoleandDocumentationofEvidenceinCriminalInvestigations

Chapter4:TheLawandCriminalInvestigations

Chapter5:PhysicalEvidenceandtheCrimeScene

Chapter6:InterviewsandEyewitnessIdentifications

Chapter7:InterrogationsandConfessions

Chapter8:BehavioralEvidenceandCrimeAnalysis

Chapter9:InformationFromthePublic,SocialMedia,InformationNetworks,DigitalDevices,and OtherSources

Chapter10:DeathInvestigation

Chapter11:TheInvestigationofSexCrimes,Assault,ChildAbuse,andRelatedOffenses

Chapter12:TheInvestigationofRobbery

Chapter13:TheInvestigationofBurglary,VehicleTheft,Arson,andOtherPropertyCrimes

Chapter14:TheInvestigationofFraudandOtherComputer-RelatedCrimes

Chapter15:ThePresentationofEvidence

Chapter16:Terrorism,Technology,andtheFutureofCriminalInvestigation

Appendix:CapstoneCase

Glossary

Notes

Index

DetailedContents

Preface

Acknowledgments

AbouttheAuthor

Chapter1:TheInvestigationofCrime Objectives

FromtheCaseFile:TheInvestigationoftheWashington,DC,BeltwaySnipers CaseConsiderationsandPointsforDiscussion

CriminalInvestigation,Evidence,andForensicScienceDefined MythsandMisconceptions11:“CrimeTime”Television TypesofCriminalInvestigations

ReactiveInvestigations

UndercoverInvestigations

MythsandMisconceptions1.2:TheRoleofPatrolOfficersinSolvingCrimes PerspectivesontheCriminalInvestigationProcess

MythsandMisconceptions13:“AreYouaPoliceOfficer?” CriminalInvestigationasaBattle CriminalInvestigationasaGame

CaseinPoint11:BTKandtheComputerDisk CriminalInvestigationasaPuzzle

TheRoleofChance,Accident,andDiscoveryinCriminalInvestigations

MentalMistakesinCriminalInvestigations

CaseinPoint1.2:TheIdentificationandApprehensionofTimothyMcVeigh QualitiesandCharacteristicsofInvestigations

CriminalInvestigationandtheCriminalJusticeSystem MainPoints

ImportantTerms

QuestionsforDiscussionandReview

Chapter2:TheHistoryofCriminalInvestigation Objectives

FromtheCaseFile:TheLindberghBabyKidnapping CaseConsiderationsandPointsforDiscussion

TheImportanceofHistoryinUnderstandingthePresentandtheFuture

TheEvolutionoftheInvestigativeTask:EnglishDevelopments InformersandParliamentaryReward

Thief-Takers

Thief-Makers

LondonMetropolitanPoliceDepartment

TheEvolutionoftheInvestigativeTask:AmericanDevelopments

TheFirstAmericanPoliceDepartmentsandDetectives

MythsandMisconceptions2.1:TheOriginalCSI

Sheriffs,StatePolice,U.S.Marshals,andtheBureauofInvestigation

PrivateDetectives

TheReformEra

TheCommunityProblem-SolvingEra

MythsandMisconceptions22:TheMythologyoftheFederalBureauofInvestigation

MainPoints

ImportantTerms

QuestionsforDiscussionandReview

Chapter3:TheRoleandDocumentationofEvidenceinCriminalInvestigations Objectives

FromtheCaseFile:TheMurderofStanleyVanWagner CaseConsiderationsandPointsforDiscussion

TheBasicsofCriminalEvidence

JudicialandExtrajudicialEvidence

ExculpatoryandInculpatoryEvidence

StandardsofProof

TheMeaningandNatureofProbableCause TypesofEvidence

DirectversusIndirectEvidence

CaseinPoint31:“AllThisWasPlannedWhentheFirstShotWasFired” MythsandMisconceptions31:CircumstantialEvidenceIsNotVeryUseful Testimonial,Real,Demonstrative,andDocumentaryEvidence

CaseinPoint32:EvidenceorCoincidence?

TestimonialEvidence

RealEvidence

DemonstrativeEvidence

CaseinPoint33:AHomicideVictim’sLettertothePolice

DocumentaryEvidence

TheFunctionsofEvidence

CorpusDelictiEvidence

CorroborativeEvidence

CumulativeEvidence

AssociativeEvidence

IdentificationEvidence

BehavioralEvidence

DocumentingEvidence:TheValueandImportanceofInvestigativeReports

MainPoints

ImportantTerms

QuestionsforDiscussionandReview

Chapter4:TheLawandCriminalInvestigations

Objectives

FromtheCaseFile:ErnestoMiranda’sConfession

CaseConsiderationsandPointsforDiscussion

BasicLegalTerminology

TheBottomLine:WhenIsanArrestWarrantNecessary?

TheBottomLine:WhenIsaSearchWarrantNecessary?

TheRulesandAdmissibilityofEvidence

ConstitutionalRequirementsfortheCollectionofEvidence

AQuestionofEthics:FudgingaChainofCustody

TheLawofSearchandSeizure:TheFourthAmendment

ReasonableExpectationofPrivacy

TheSearchWarrantRequirementandItsExceptions

TheBottomLine:WhenDoestheExigentCircumstancesExceptionApply?

TheBottomLine:WhenDoestheVehicleExceptionApply?

Exhibit41:GuidelinesforStoppingandSearchingVehicles

TheBottomLine:WhatPlacesandThingsAreNotAffordedaReasonableExpectationof Privacy?

TheBottomLine:WhenDoestheHotPursuitExceptionApply?

TheBottomLine:WhenDoestheSearchIncidenttoArrestExceptionApply?

TheBottomLine:WhenDoestheStopandFriskExceptionApply?

TheBottomLine:WhenDoesthePlainViewExceptionApply?

TheBottomLine:WhenDoestheConsentExceptionApply?

TheExclusionaryRuleandItsExceptions

TheBottomLine:WhatIstheExclusionaryRule,andWhenDoesItApply?

AQuestionofEthics:DotheEndsJustifytheMeans?

TheLawofSelf-Incrimination:TheFifthandSixthAmendments

TheContentandWaiverofMirandaWarnings

Exhibit4.2:ExampleofaMirandaWaiverForm

Myths&Misconceptions41:MirandaIsNotLikeHoudini

WhatConstitutesanInterrogation?

TheImplicationsofSilence

TheBottomLine:WhenMustthePoliceTellSuspectsofTheirMirandaRights?

JuvenilesandtheMirandaRequirement

ExceptionstotheMirandaRequirement

TheImpactofMirandaWarningsonCriminalInvestigations

Myths&Misconceptions42:MirandaWarningsCauseSuspectstoKeepQuiet MainPoints

ImportantTerms

QuestionsforDiscussionandReview

Chapter5:PhysicalEvidenceandtheCrimeScene Objectives

FromtheCaseFile:TheMurdersofNicoleBrownSimpsonandRonaldGoldman

CaseConsiderationsandPointsforDiscussion

TheRoleofPhysicalEvidenceinCriminalInvestigations

TheCrimeSceneandItsManagement

ArrivingattheScene:InitialResponse/PrioritizationofEfforts

PreliminaryDocumentationandEvaluationoftheScene

ProcessingtheScene

Exhibit5.1:CrimeSceneSketchandDiagram

CompletingandRecordingtheCrimeSceneInvestigation

CaseinPoint51:CrimeScenePhotographsShouldTellaStory TypesofPhysicalEvidence

Exhibit5.2:CrimeSceneSearchPatterns

BiologicalEvidence

Blood

Exhibit5.3:LocatingDNAEvidence

Semen

CaseinPoint53:AnImprobableDiscoveryofSemen

Saliva

Hair

CaseinPoint54:SalivaonaCigaretteButt

CaseinPoint5.5:SalivaonDuctTape

OtherBodilyFluidsandSubstances

FingernailScrapings,SkinCells,andTouchDNA

DNAAnalysisandItsImpactontheUsefulnessofBiologicalEvidence

CaseinPoint56:DNAUndertheVictim’sFingernails

Exhibit54:PrecautionsWhenCollectingandHandlingBiologicalEvidence

TheScienceofDNA

CaseinPoint57:AFool’sAttempttoFoolDNA

OtherTypesofPhysicalEvidence

Fingerprints

CaseinPoint58:ATextbookDNACase

Exhibit55:TypesofFingerprintPatterns

Exhibit5.6:ExampleofCompletedTen-PrintFingerprintCard Shoeprints,Impressions,andTireTracks

Exhibit57:UnusualShoeprints

Toolmarks

BiteMarksandDentalEvidence

Ballistics

Fibers

Soil

Paint

Glass

BloodPatternAnalysis

DigitalEvidence

VideoEvidence

QuestionedDocuments/HandwritingAnalysis

Drugs

TheRoleofCrimeLaboratoriesinCriminalInvestigations

ForensicScienceSpecialtyAreas

Exhibit58:CharacteristicsofDrugsMostCommonlyEncounteredontheStreet

Exhibit5.9:JobAnnouncementforaForensicCriminalistPosition

MainPoints

ImportantTerms

QuestionsforDiscussionandReview

Chapter6:InterviewsandEyewitnessIdentifications

Objectives

FromtheCaseFile:BPGasStationRobbery CaseConsiderationsandPointsforDiscussion

InterviewsDefined

TypesofWitnesses

TypesofInformationObtainedFromWitnesses

MethodsofEyewitnessIdentification

DevelopmentofaCompositePictureofthePerpetrator

Exhibit6.1:ExampleofaCompositePictureDevelopedWithFACESSoftware

Exhibit62:ExampleofArtistCompositePicture

ConfirmatoryPhotograph

MugBooksandYearbooks

Exhibit63:FourSketchesoftheSamePerpetrator

Show-UpIdentifications

PhotoLineups

Exhibit64:ExampleofaSix-PersonPhotoLineup LiveLineups

ValueofEyewitnessIdentificationsinEstablishingProof

Exhibit65:ExampleofaLiveLineupPhoto

TheMemoryProcessandtheIdentificationTask

MythsandMisconceptions6.1:YouNeverForgetaFace

FactorsThatInfluencetheAccuracyofEyewitnessEvidence

CaseinPoint61:AShoot-OutorSomethingElse?

GuidelinesfortheCollectionofEyewitnessEvidence

CaseinPoint6.2:HowDidThatHappen?

CaseinPoint63:TheCaseofRonaldCotton

CaseinPoint6.4:VariationsinEyewitnessDescriptions

InvestigativeToolsinInterviewing Hypnosis

Exhibit6.6:PhotoArrayIdentificationInstructionForm CognitiveInterview

CognitiveInterviewinContrastWiththeStandardPoliceInterview OtherGuidelinesforConductingPoliceInterviews

CaseinPoint6.5:WitnessSecurityversusWitnessCompassion

MainPoints

ImportantTerms

QuestionsforDiscussionandReview

Chapter7:InterrogationsandConfessions Objectives

FromtheCaseFile:The“Secret”InterrogationofO.J.Simpson CaseConsiderationsandPointsforDiscussion InterrogationsDefined

TheControversyofInterrogationMethods

PrerequisitesforaProductiveInterrogation

CaseinPoint71:“EveryTimeWeDoSomethingIllegal,I’mtheOneWhoHastoDoIt” Exhibit7.1:TruismsAboutConfessions ApproachestoInvestigativeInterrogations

TheReidTechnique:The“ConvincetoConfess”Approach ThePEACEModel:The“RespectfortheTruth”Approach MythsandMisconceptions71:InterrogationsInvolveBrightLightsandHotRooms CaseinPoint72:TreatingaKillerKindly

ThePotentialProblemsWithPoliceDeceptioninInterrogations

CaseinPoint73:“We’reGoingtoWorkThroughThisTogether Okay?”

AQuestionofEthics71:ShouldthePoliceLietoGetSuspectstoTelltheTruth? WhyDoSuspectsConfess?

TheIssueofFalseConfessions

InvestigativeToolsinRecognizingDeception VerbalandNonverbalDetectionofDeception

Exhibit72:“TheBestWaytoUnsettleaSuspect” MechanicalMethodsofDetectingDeception MainPoints

ImportantTerms

QuestionsforDiscussionandReview

Chapter8:BehavioralEvidenceandCrimeAnalysis

Objectives

FromtheCaseFile:AMutilationMurder

TheCrime

KeyCrimeSceneCharacteristics

TheResultingCrimeSceneProfile

TheOutcome

CaseConsiderationsandPointsforDiscussion

BehavioralAnalysisDefined

CrimeSceneProfiling

MythsandMisconceptions8.1:CriminalMinds

AssumptionsoftheProfilingProcess

Exhibit8.1:WhatDoesYourCarSayAboutYou?

TheHistoryofCrimeScene/PsychologicalProfiling

TheConstructionofPsychologicalProfiles

TheMeaningofPerpetratorActionsandCrimeCharacteristics

TheEffectivenessofCrimeSceneProfiling

GeographicalProfiling

Exhibit82:WhereDoYouGoGroceryShopping?

Psycholinguistics

CaseinPoint81:TheMurderofJonBenetRamsey

CrimeAnalysis

TheImpactofGeospatialCrimeAnalysis

MythsandMisconceptions82:CrimeIsaRandomPhenomenon

ViolentCriminalApprehensionProgram(ViCAP)

TheImpactofViCAP

EmpiricalCrimeAnalysis

MainPoints

ImportantTerms

QuestionsforDiscussionandReview

Chapter9:InformationFromthePublic,SocialMedia,InformationNetworks,DigitalDevices,and OtherSources

Objectives

FromtheCaseFile:“Ain’tNoLoveintheHeartoftheCity”

CaseConsiderationsandPointsforDiscussion

InformationFromthePublicinCriminalInvestigations

TipLines

TelevisionShows

AMBERAlerts

CaseinPoint91:AnAMBERAlertSuccessStory

CaseinPoint9.2:AnotherAMBERAlertSuccessStory

CaseinPoint9.3:TheMurderofCarlieBrucia CodeAdam

OtherMethodsofSolicitingInformationFromthePublic Limitations

InformationFromSocialMediainCriminalInvestigations

CaseinPoint9.4:ARobberRecognizedonFacebook

Exhibit9.1:ExamplesofIncriminatingStatementsMadeonFacebook ConfidentialInformants

GangIntelligence WhatIsaGang?

Exhibit92:TipsforHandlingInformants StreetGangs

Exhibit9.3:TheBasicsofGangGraffiti OutlawMotorcycleGangs

InvestigativeResponsetoGangs InformationNetworks

IntradepartmentalandRegionalDatabases InterdepartmentalDatabases

Limitations

InformationFromElectronicDevicesandDigitalEvidence

CaseinPoint95:“SheIsSoRaped”

CaseinPoint9.6:AKillerIdentifiedviaanIPAddress

SeizingElectronicDevicesandComputerDataExtraction

CaseinPoint97:FindthePhone,FindtheGirlandMore Psychics

MainPoints

ImportantTerms

QuestionsforDiscussionandReview

Chapter10:DeathInvestigation Objectives

FromtheCaseFile:HeHitHerUntilSheFell...andThatWasJusttheBeginning CaseConsiderationsandPointsforDiscussion IssuesintheInvestigationofDeath:MannerofDeath

Exhibit10.1:QuickFactsAboutDeath

Exhibit102:LocationofGunshotWoundsinHomicidesandSuicides PatternsandCharacteristicsofHomicide MythsandMisconceptions10.1:TheMethodsofMurder

InvestigativeConsiderationsWithDeathandHomicide

Exhibit103:DecliningHomicideClearanceRates

WhoIstheDecedent?

WhatWastheCauseofDeath?

Exhibit104:TypesandIndicatorsofGunshotWoundsbyMuzzletoSkinDistance

TheValueofanAutopsyinEstablishingCauseandMannerofDeath WhoCommittedtheMurder?

CaseinPoint101:AutopsyProtocolofAnthonyPorter,HomicideVictim CaseinPoint10.2:ThingsAreNotAlwaysasTheySeem MajorChallengesinHomicideInvestigations:SerialHomicide MajorChallengesinHomicideInvestigations:ColdCases CaseinPoint10.3:ColdCaseCleared

MainPoints

ImportantTerms

QuestionsforDiscussionandReview

Chapter11:TheInvestigationofSexCrimes,Assault,ChildAbuse,andRelatedOffenses Objectives

FromtheCaseFile:“SinceYouDon’tHaveAnyMoney ” CaseConsiderationsandPointsforDiscussion

VarietiesandCharacteristicsofRapeandOtherSexualAssaults InvestigativeConsiderationsWithRapeandOtherSexualAssaults ThePerspectiveoftheVictim

MythsandMisconceptions111:TheCircumstancesofRape

ThePoliceResponseandInterviewoftheVictim

CaseinPoint11.1:“MyStepbrotherAssaultedMe” CaseinPoint112:OneThingLeadstoAnotherandaRapeIsSolved PhysicalEvidence

Drug-FacilitatedSexualAssaults

InformationFromPerpetrators:PhysicalEvidenceandConfessions OtherSourcesofEvidenceandInformationinSexualAssaultInvestigations FalseAllegations

VarietiesandCharacteristicsofOtherAssaults

Exhibit111:WhatIsaGang-RelatedCrime?

InvestigativeConsiderationsWithOtherAssaults

Anti-SnitchingNormsandReluctantWitnesses

Exhibit112:TheProblemofWitnessIntimidation DomesticViolenceandChildAbuse

Domestic(andIntimatePartner)Violence

ChildAbuse

MainPoints

ImportantTerms

QuestionsforDiscussionandReview

Chapter12:TheInvestigationofRobbery

Objectives

FromtheCaseFile:TheRobberWhoLostHisTool CaseConsiderationsandPointsforDiscussion

VarietiesandCharacteristicsofRobbery

InvestigativeConsiderationsWithRobbery

MythsandMisconceptions12.1:OnlytheBestandBrightestRobBanks HoldupAlarmsandaFastPoliceResponse

EyewitnessIdentificationsandCCTV

ModusOperandi

TheMeaningofTargetSelection

CaseinPoint121:ARobberyInvestigationBeginsWiththeMO TheRobber’sApproachandDeparture VerbalActivityoftheRobber

TheWeaponandDisguiseUsed

PhysicalEvidence

CaseinPoint12.2:TheThiefWho“BlewIt”

ThePropertyTakenintheRobbery

InterrogationConsiderations

OtherStrategiesandSourcesofInformation

MainPoints

ImportantTerms

QuestionsforDiscussionandReview

Chapter13:TheInvestigationofBurglary,VehicleTheft,Arson,andOtherPropertyCrimes

Objectives

FromtheCaseFile:DadandDaughterGotoWork CaseConsiderationsandPointsforDiscussion

VarietiesandCharacteristicsofBurglaries

InvestigativeConsiderationsWithBurglary

BurglarAlarmsandtheInitialPoliceResponse

ModusOperandi

MethodofTargetSelection

MethodofEntry

AmountofPre-OffensePlanning

MethodofSearchforProperty

ChoiceofPropertyTaken

InvestigativeValueoftheStolenProperty

PhysicalEvidence

Informants

OtherConsiderations

VarietiesandCharacteristicsofVehicleTheft

InvestigativeConsiderationsWithVehicleTheft MythsandMisconceptions131:ExpensiveCarsAretheMostFrequentlyStolen PoliceOfficersontheLookout,VINs,andLicensePlateReader(LPR)Technology PhysicalEvidence

ModusOperandi:MotiveandMethod

EyewitnessesandCCTVSurveillanceCameras

TheUseofBaitCars

InvestigativeTaskForces

VarietiesandCharacteristicsofArson InvestigativeConsiderationsWithArson

RespondingtotheFireScene:InitialInvestigativeActivities

EvidencetoDeterminetheCauseoftheFire

Exhibit13.1:IndicatorsofArsonasaFireCause PointofOrigin

EvidencetoDetermineWhoCommittedtheArson CaseinPoint13.1:ASuspiciousFire

VarietiesandCharacteristicsofLarceny

InvestigativeConsiderationsWithLarceny

Exhibit13.2:CrimeSolversPressRelease

InterrogationConsiderationsWithBurglars,Arsonists,andOtherThieves MainPoints

ImportantTerms

QuestionsforDiscussionandReview

Chapter14:TheInvestigationofFraudandOtherComputer-RelatedCrimes Objectives

FromtheCaseFile:AnInternetChatWithanUndercoverOfficer CaseConsiderationsandPointsforDiscussion

FraudandItsInvestigation

IdentityTheft

CaseinPoint141:“VisitMe!”

Exhibit14.1:“YourAccountHasWon1,000,000.00”

Exhibit142:WhatDoestheFACTActDo?

CheckandCredit/DebitCardFraud

Exhibit14.3:StepstoTakeWhenYourIdentityHasBeenStolen

Exhibit144:TheFTCConsumerSentinel

PrescriptionFraud

CaseinPoint14.2:Theft,Purchase,andArrest

VarietiesofComputer-FacilitatedCrimeandTheirInvestigation Cyberattacks

Exhibit14.5:OneoftheFBI’sMostWantedCyberCriminals CyberbullyingandHarassment

Exhibit146:CommonFormsofCyberattacks

CaseinPoint14.3:“YouAreaBadPersonandEverybodyHatesYou” CaseinPoint14.4:“I’mGoingtoSendoutthePhotosUnless...” ChildPornography

CaseinPoint14.5:ABigArrestFromLittleClues

MainPoints

ImportantTerms

QuestionsforDiscussionandReview

Chapter15:ThePresentationofEvidence

Objectives

FromtheCaseFile:ATragedyandThenMore CaseConsiderationsandPointsforDiscussion

TheAdversarialProcess

ErrorsinJusticeOutcomes

TheSeriousnessofErrorsinJusticeOutcomes ReasonsforErrorsinJusticeOutcomes

CaseinPoint151:TheCaseofEddieJoeLloyd

AQuestionofEthics:WhyIsItOkaytoLieSometimesbutNotOtherTimes?

TheValueandImportanceofInvestigativeTestimony

ExpertTestimony

TestimonyofInvestigators

TestimonyattheDeposition,PreliminaryHearing,andTrial TheCross-Examination

AQuestionofEthics:WhySoManyLegalRules?

MainPoints

ImportantTerms

QuestionsforDiscussionandReview

Chapter16:Terrorism,Technology,andtheFutureofCriminalInvestigation Objectives

FromtheCaseFile:TheDaytheWorldChanged CaseConsiderationsandPointsforDiscussion

AQuestionofEthics:InformationatAnyCost?

TheFutureofCriminalInvestigation

VarietiesandCharacteristicsofTerrorism

Technology

Exhibit16.1:VariationsinTerrorism

CaseinPoint16.1:A35,000-WordClueFromaLoneWolf

Exhibit162:Terrorists’ToolsandTargets

MythsandMisconceptions16.1:FalsitiesAboutTerrorismintheUnitedStates

ANewApproachtoCriminalInvestigations

Exhibit163:CommonTypesofCybercrimes Intelligence-LedPolicing

Exhibit16.4:TerroristGroupStructure

CaseinPoint162:InformationDiscoveryAftertheFact

Exhibit16.5:SevenSignsofTerroristActivity

LimitationsoftheIntelligence-LedApproach

TheNewTechnologyofCrimeDetection

TheTechnologyofIdentificationandForensicScience

AQuestionofEthics:WhyAreSomeBiometricTechnologiesSoControversial?

TheTechnologyof“Seeing”

TechnologiesforComputerandInternetApplications TechnologiesforInformationManagementandAccess

TheImplicationsofTechnology

MainPoints

ImportantTerms

QuestionsforDiscussionandReview

Appendix:CapstoneCase

Glossary

Notes

Index

Preface

Criminalinvestigationisarguablythemostimportantstageintheentirecriminaljusticeprocess Onlywhena perpetratorisidentifiedandapprehendedcantheprocesscontinue cancourtsadjudicateandcorrections reform.Anditisonlywhentheprocesscontinuesthatthereisevenachancepotentialoffenderswillbe deterredandactualoffendersincapacitated Asdiscussedinthisbook,therearemanyfactorsthatdetermine whetheroffendersareidentifiedandapprehended,andwell-executedcriminalinvestigationsareatthetopof thislist.Assuch,ifwedesireacriminaljusticeprocessthatfunctionswell,itisnecessarythatcriminal investigatorshavetherequisiteknowledge,education,andtrainingtoconductcompetentinvestigations

Althoughitisnotrealistictoexpectthisknowledgecanbeobtainedinasinglecourse(orfromasingle textbook)oncriminalinvestigations,suchacourse(andtextbook)canplayanextremelyimportantrolein developingit.CriminalInvestigationprovidesabasisforcompetentinvestigations.

Toachievethis,thetextfocusesonmanydifferentaspectsofcriminalinvestigationandevidence Criminal investigationandcriminalevidencegohandinhand;theyareinseparable Criminalinvestigationsare conductedtocollectcriminalevidence,anditisevidencethatisusedtoestablishproofinaninvestigation. Investigatorsmustunderstandtheroleandfunctionofevidence,thestrengthsandweaknessesofvarious formsofevidence,howdifferenttypesofevidencecanbeusedtoestablishproof,thelegalissuesthatrelateto thecollectionofevidence,andbestpracticesforthecollectionofevidence.CriminalInvestigationprovidesthis knowledge

CriminalInvestigationalsoemphasizestherealworldofinvestigations Acommonandimportantmethodof learningandinstructionincriminalinvestigationisthereviewandanalysisofactualcases.Caseexamplesare usedasteachingtoolsininvestigativeseminarsandintraining Investigatorslearnthingsfromevery investigation,andthistextemphasizesthisapproach Manycaseexamplesareprovidedinthetexttoillustrate keypointsandtoprovideabasisfordiscussionabouttheproperconductofcriminalinvestigations.These detailedcasesbringthediscussiontolifeandmakeitrelevantandinteresting

Anunderstandingofforensicscienceisalsocriticallyimportantindevelopingcompetenceincriminal investigations Thismaterialisincludedinthisbook;however,CriminalInvestigationisnotaforensicscience text.Themostimportantandcomplexforensicscienceproceduresandissuesarediscussedhere,butnotatthe sacrificeofotherimportantmaterial CriminalInvestigationisnotaninstructionmanual Step-by-step instructionsaremostappropriatelylearnedininvestigativetrainingcoursesafterafoundationof understandinghasbeendeveloped.

Thistextemphasizesresearchfindingsthatrelatetocriminalinvestigations Suchfindingsareusedtoidentify andrecommendbestpractices(procedures)tofollowincriminalinvestigations Familiaritywithresearch findingsalsoallowsonetodevelopasolidunderstandingoftheissuesunderexamination.Oneexampleofthis canbefoundinthediscussiononeyewitnessidentifications Thisbookdevotesthebetterpartofachapterto eyewitnessidentifications However,insteadofjustprovidinginstructionsonhowtoconductthese

identifications,CriminalInvestigationalsoprovidesadiscussionoftheresearchsupportingtherecommended procedures Toaccomplishthis,thediscussiondrawsuponresearchonhumanmemoryaswellason eyewitnessidentifications.Assuch,CriminalInvestigationnotonlyprovidesdetailsregardingthecollectionof eyewitnessevidence;italsoexplainswhytheseproceduresareimportant.Issuessuchasthisreceiveminimal,if any,coverageinothercriminalinvestigationtexts Thesedeeper,moreprobingquestionsarewhatleadtoa greaterunderstandingofcriminalinvestigationprocedures.Byincorporatingresearchfindingsintothe discussion,thisbookprovidesaneducationaboutcriminalinvestigations.

JustbecauseCriminalInvestigationemphasizesresearchfindingsandevidence,however,thisdoesnotmean thetextiscomplicatedordifficulttoread Tothecontrary;thetextisveryaccessibletostudentsandiswritten inastraightforwardmanner.

CriminalInvestigationisofreasonablelengthforaone-semestercourse Manyinstructors,includingmyself, havehaddifficultiesteachingfromever-expandingcriminalinvestigationbooks,andstudentsoftenhave difficultiesinlearningfromthem.Thistextincludesthemostimportantmaterialforstudents;Imade informeddecisionsaboutwhattopicsweremostimportanttoaddressandwherethosetopicsweremost appropriatelyincorporatedinthetext Eventhoughthisfourtheditionincludesmanynewdiscussionsand cases,itisaboutthesamelengthasthethirdedition.

CriminalInvestigationoffersseveralfeaturestohelpestablishanunderstandingofthecomplexitiesofcriminal investigations:

Detailedcasestudies(“FromtheCaseFile”)atthebeginningofeachchapterdescribeactualinvestigationsas theywereconducted.Thesecasestudiescanbeusedtoanalyzehowevidenceis(orcouldbe)usedtoestablish proofandtoevaluatehowcriminalinvestigationswereconducted whatwasdonecorrectlyand/orwhat mistakesweremadeintheinvestigation Aftereachcasestudyisasectiontitled“CaseConsiderationsand PointsforDiscussion.”

Numerousotherreal-lifeinvestigativecaseexamples(including“CaseinPoint”features)illustratekeypoints.

Sectionstitled“MythsandMisconceptions”addresssomeofthefalseinformationthatisprovidedbythe mediaandthroughotherrepresentationsofcriminalinvestigations

“AQuestionofEthics”featuresarestrategicallyplacedthroughoutthebookandrequirestudentstothink abouttheimportanceofethicalconductincriminalinvestigations

Detaileddiscussionsareprovidedabouttherole,strengths,andlimitationsofallmajorformsofevidence: DNAandbiologicalevidence,otherformsofforensicevidence,eyewitnessidentifications,geospatialcrime analysis,evidencefromdigitaldevicesandsocialmedia,behavioralevidence,psychologicalprofiling,the detectionofdeception,andconfessions,amongothers

Informationonandevaluationsofproperevidencecollectionproceduresforalltypesofevidenceisalso included.

ChangesintheFourthEdition

ThefourtheditionofCriminalInvestigationhasbeensubstantiallyrevised.Astheresultofcarefulattentionto detailandwritingstyle,thefourtheditionisaboutthesamelengthasthethirdeditionbutcontainsmore information

Standardrevisionstothefourtheditionincludeupdatestostatisticalinformation,researchfindings, investigativeprocedures,andlegalcases

Amongthemostnotableotherchangestothefourtheditionarethefollowing:

Severalnew“FromtheCaseFile”chapterintroductionsandapproximatelytwenty-fivenewin-chapter “CaseinPoint”investigativecaseexamples

Morethanseventy-fivenewphotos,mostofwhicharecasephotosfromactualinvestigations

Anin-textglossarytohighlightanddefineimportantterms

Majorreorganizationofmanychapters;forexample,

Chapter3nowincludesadiscussionoftheroleofevidenceininvestigationsaswellasnew materialondocumentingevidenceviareportwriting

Chapter8nowincludesasignificantdiscussionofcrimeanalysisasasourceofinformationin investigations

Chapter9nowincludesexpandeddiscussionsonsocialmediaasasourceofinformationin investigationsandonevidencethatcanbeobtainedfromelectronicdigitaldevices.

Chapter14nowfocusesexclusivelyontheinvestigationoffraudandcomputer-relatedcrimesand featuresanexpandeddiscussionofthevariousformsofthesecrimes

Chapter15focusesonthecourtprocessandrelatedoutcomesaswellasthepresentationof evidenceincourtthroughtestimony

Chapter16ismorefocusedonthefutureofcriminalinvestigations,specificallyonterrorismand theuseoftechnologyininvestigations.

Manynewand/orreviseddiscussionsareprovidedinthechapters Forinstance, Chapter1includesnewsectionstitled“MentalMistakesinCriminalInvestigations,”

“PerspectivesontheCriminalInvestigationProcess,”and“QualitiesandCharacteristicsof Investigators”

“JuvenilesandtheMirandaRequirement”hasbeenaddedtoChapter4

NewmaterialontouchDNAandthelimitationsofscientificevidencehasbeenaddedtoChapter 5

AreviseddiscussionofthememoryprocessandtheidentificationtaskisofferedinChapter6

ThecontroversiesinvolvingthetraditionalapproachtointerrogationsarediscussedinChapter7, andthePEACEmodelisdiscussedasanalternativetothetraditionalapproach

Theinvestigationofdrug-facilitatedsexualassaultsisdiscussedinChapter11

PharmacyrobberiesandcarjackingareexaminedinChapter12.

ThediscussionoffireinvestigationshasbeensignificantlyrevisedinChapter13

Intelligence-ledpolicingisdiscussedasanemergingapproachtocriminalinvestigationsin Chapter16

OverviewoftheOrganization

Withregardtotheorganizationofthetext,thefirsttwochaptersprovideadiscussionofthebasicissuesof criminalinvestigation(eg,organization,design,history) Chapters3and4discusstheroleofevidencein criminalinvestigationsandthelawasitrelatestothecollectionofevidence Chapters5,6,and7arethemost importantchaptersofthebook.Thesechaptersdiscussthe“bigthree”typesofevidenceincriminal investigations:physicalevidence,witnessstatementsandeyewitnessidentifications,andconfessions Thenext twochaptersexamineothersourcesofinformationininvestigations:Chapter8looksatbehavioralevidence andcrimeanalysis,andChapter9examinestheroleofthepublic,socialmedia,digitaldevices,andelectronic databasesininvestigations Chapters10,11,12,13,and14focusonissuesthatareuniquetotheinvestigation ofparticulartypesofcrimes Thebookconcludeswithadiscussionofthepresentationofevidence(Chapter 15)andthefutureofcriminalinvestigations(Chapter16).Someimportanttopics,suchasissuesassociated withdruginvestigationsandganginvolvementincrime,donothavetheirownchaptersbutarediscussed throughoutthetext Theappendixprovidesadetailedcasestudyofaserialhomicideinvestigationthat occurredinthe1960s.Thecaseinvolvedthesexuallymotivatedmurdersofsevenmostlycollege-agedwomen inMichigan ThiscasecanserveasacapstonediscussionofmanyoftheissuescoveredinCriminal Investigation,suchasthebasicproblemsofcriminalinvestigation,thevalueofeyewitnessidentifications,the valueofotherevidence,thepotentialvalueofDNAevidence,howinvestigationsmaychangeduetoadvances intechnology,andhowproofcanbeestablished

CriminalInvestigationprovidesthereaderwithasubstantialandnecessaryfoundationonwhichtobuildan understandingofcriminalinvestigation.

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preserved and observed with touching constancy I have my very serious doubt, however, whether this has been wholly necessary, for such films are not shown exclusively to historical seminars in the universities.

The German is almost universally successful in digging up a theme of crushing weight and power. He is never at a loss to create an action of either gruesome or exalted greatness. We have but to think of Golem, Madame Dubarry, Dr. Mabuse, and Dr. Caligari. These are most powerful films. Another is the Nibelungs. So far so good. But it is rare indeed that the German succeeds in endowing such films as these with the light and easy, the inspiring and inspiriting wings of humor. For a time, indeed, there was only one type of film that was regarded as a success: the film with the tragic ending. The German so frequently forgets, or he at least overlooks, the fact that it is not the business of the motion picture to play into the hands of hard, rigid, classical art, and to follow the canons of such art in so doing. It is the business, rather, of the motion picture to amuse people, to cheer them up, and to stimulate them.

Latterly, the German has shown a marked tendency to turn away from the film based on the masses. He has not done this however voluntarily; the extreme cost of producing such films has made them prohibitive. Nor is this all: the German has not looked with favor recently on the film that has to do with huge crowds of human beings for spiritual reasons. At present there is decided preference for the film that depicts a strong fervor of some sort; for a film that is impressive from the point of view of individuals; for a film that delineates a logical development of the adventures of the soul. And it must be conceded that the best artists are gradually finding a way by which they can unite delicacy of soul with grace of experience and thereby create what all the world must regard as beauty.

For a long while, the German, like the Swede, neglected the real art of decoration and photography. Within recent years, however, our better ateliers have made remarkable progress in this direction. Some of our films that have been created since the making of this progress, such as Suvarin or The Stone Rider need not hesitate to stand comparison with the best of any country. The small film

companies have been obliged to close owing to the unprecedented depreciation in German currency. This, however, is not a matter for profound regret, for their quality could never be said to be the outstanding feature of their creations. Nothing but quality can ever make the trouble that has to be taken a matter of eventual gain. In the art of motion picture, genius is its own reward, but pains are well paid.

The German film will come once the chaos that reigns supreme at present has been eradicated, and the situation becomes brighter all around and everywhere. To-day, Bolshevism raises its ugly head in the East; in the West, heavy artillery is in position while fleets of bombing planes whirr through the air. The atmosphere is thick; so thick, indeed, that it casts a heavy shadow over the country.

CHAPTER VIII FILM ADAPTATION

T mad search of the motion picture for appropriate material created a unique caricature: second-hand art. In general, it is regarded as a sign of unoriginality, if not of actual sterility, when a work, which speaks a different language in the domain of art, is translated into the language of the motion picture. It is not dissimilar to the situation that obtains when a given individual, unable to write anything on his own account, translates from the writings of others.

But the languages of words, words that act as the hand-maidens of thought, are all members of the same great family of the human mind. When languages of this kind are translated, the only change that is made is a change in sound. The meaning remains the same. The essential traits, the underlying faculties of a poet remain quite intact if translated cleverly, knowingly, and modestly.

It is the spiritual soul that shines forth in poetry. The motion picture “is not of this confectionery,” the Swiss Carl Spitteler would say. All that can come to light in the film, and particularly in film adaptations, is the sensual soul of an action. From this it is evident that when a bit of literature is adapted to the screen, the adapter is obliged to set up a quite different objective from that which the original poet had in mind.

Attempts have been made to refute the necessity of this change of purpose. The desire so to adapt a great piece of literature to the screen that it will be in every way worthy of the original poet in that it is a faithful reflection of his aims, is in itself altogether praiseworthy But no poet has thus far ever had his renown increased by such an effort. All that was the most tender of beauty in the poem as it originally stood became a soft sweet pap and nothing more when transferred to the literal words of the film text. Attempts of this kind

have not only been unsuccessful with regard to the poet that was to be honored; the truth is, no good motion picture has ever been made in such a way and with such an aim in view. The result has invariably been a surrogate that afforded nothing more than a glassy tedium.

The problem of film adaptation cannot be solved by reverence alone. For the spiritual soul mocks the coercive oppression that goes with gestures and refuses to be confined within the narrow circle of such art as the motion picture has at its command. Gold becomes a mere quasi-precious metal, beauty degenerates into paint and powder, truth is routed by phraseology.

No one who is at all judicious will ever attempt to adapt to the screen a bit of poetry whose entire art consists in a complete absorption by and amalgamation with the world of pure thought. Goethe’s transcendental works run but little risk. Those works, however, in which there is a union of the spiritual soul with a sensual soul stand in ever-present danger. Shakespeare’s works, for example, are remarkably divided in this regard; they are full of fissures: he hid his pure intellectuality in an action that is glaring, medieval, and vigorous.

[See p 91]

What do we mean by film adaptation? We mean the separation of the sensual action from all the rest. The feelings, transfigured through pure intellect in the original poetry, are lifted from their initial surroundings. Adapt a poem of the spiritual soul in this way and a journalese tract is the result. Take the case of Hamlet: death through poison, the son as the detective, the queen mother suffering from aberrations, a duel with poisoned blades, and a conclusion of fourfold death by poison. In such a bungled compilation there would not be a single trace of Shakespearian spirit. In such a thing the riddle of Hamlet would not be solved but cracked.

But since film adaptations are the order of the day, we might as well pay them our respects, bow to them, and confess that they exist. There is no use to deny the existence of that which already exists; a fact is a fact. Moreover, film adaptation is not so contrary to all the laws of nature and art as it would seem at first blush. For

Fig 19 Scene from Destiny

there are many poetic creations of magnificent beauty of action whose picturesque fullness poetry alone can do nothing more than merely touch or indicate. There are other poems whose world of feeling is congealed in cold abstract thought. In such cases the motion picture reclaims its original due. There are also poetic works, such as Schiller’s Fiesko, which are just as effective in the poetic form as they are in the form they take on at the hands of the motion picture. A work, consequently, the sensual action of which is so strong that a masterful, and dignified, motion picture can be made from it, may be adapted to the screen.

To transform a creation of the human mind and soul which constitutes, judged from every conceivable point of view, a work of real and great art from the sphere in which it originally stood, and in which it was originally created, to another sphere, and into another species of art, is always more or less sacrilegious. If done, it must be done well, and done completely. There is no room here for piecemeal work. The adaptation of a poem to the film calls for a recreator who is a stranger to mercy; he dare not shrink from tearing up the tenderest flower by the roots and transplanting it to a new and strange garden. Anything that does not fit in with his purpose must be ruthlessly cast aside. Follow this recipe, and a work that is not appreciated by the uncultured, great though it may be, may be metamorphosed into a work that is appreciated, on the screen. Indeed, a new work of real art may arise in this way. In a case of this kind, the original poet may after all have his renown increased despite the fact that the film to which his name is still attached corresponds in no way to what he originally had in mind.

Nor should we ever fancy that work of this kind is unnecessary The Norse adaptation of Björnson’s Synnöve Solbakken, one of Björnson’s short stories, written when he was still a young man, seemed, in its finished form, as if Björnson had had the film camera in mind when he created it. Picture after picture was shown, and that at great length—and great breadth. Of Björnson’s unquestioned passionateness, however, which resembles the roaring power of an ice-cold mountain stream as it gushes down the hillside, there was not a trace.

To adapt is to use violence, to do violence. The adapter will never succeed in finding and filming the original purpose of the poet. The adaptation of Fiesko was good; it was a success; but it was not Schiller; it was not a child of his mind. And it would have been still better had it resembled Schiller even less than it did. The action should have been adapted much more to the needs of exclusive mimic portrayal. To try to spare the poet, to hurt his feelings in no way, is to render him a disservice.

It is unfortunate that productive poets can be persuaded to subject their works to the adapter only with difficulty (as Carl Mayer in the superb film Schloss Vögelöd). This is true, though the thought that is required to adapt a work to the film is so great that the process in itself requires originality and reveals a spirit of the most real productivity. For it is after all easier to create a new work from the beginning than to take a finished work and transform it so completely that it meets the requirements of an entirely new and novel art.

For the author the adaptation is frequently a most unsatisfactory affair. The book often leads the adapter astray; follow it, and he loses himself in byways that are unknown to the ways of the film world. In such a case the entire production has to be re-created, which means that it has to be re-written. The result of this is that everybody is dissatisfied, and not a few are in a bad humor. On the other hand, the author may allow, or may have allowed, himself to be carried away by a veritable wealth of ideals: he changes everything; he adapts everything; he makes new characters; he develops new action; he cajoles a new fate into the composition as a whole; he invents new episodes; he even creates a new milieu and a new atmosphere. The result of all this may be, to be sure, a quite good film. But it may be so new that it is incorrect to speak of it as an adaptation. In such a case, the original author falls into ill humor, because he feels that violence has been done his creation which is equivalent, he feels, to having been neglected or slighted. The manager is also apt to have his face wreathed in frowns, for what has become of his funds? He has paid out a handsome royalty for what? For nothing, he feels. His case seems justified, for he paid for

a given book, but there is not a trace of that book in the film which is to care for the needs of the box-office. And our old friend—the dramaturge—is in the worst frame of mind of all, for he feels that the author has gone about his business with excessive independence and with too little concern for his excellent criticism.

From all of this it should be manifest that it is rare that a good adaptation is the result of a single effort. Adaptation is a slow and complicated process. There must be untiring revision—with the disagreeable result that a manuscript promised for and by a certain date is not ready at the stipulated time. It is much better all around when the author lives himself, as it were, into the milieu he plans to film, becomes perfectly familiar with it, if he was not familiar with it when he began, creates characters with whom he is on speaking terms, and fashions a fate such as he himself has experienced.

It is dangerous to adapt a great work to the film. The adaptation of the Marriage of Figaro showed the baroque curlicues, the confusions, the harmless malevolences of Beaumarchais’s work (which in the opera are quite unessential and the transparency of which appeal to us to-day as altogether childish); we thought of Mozart and sighed. And Hamlet! With Asta Nielsen! Without Shakespeare! Adapted “after an old saga!” Why that was merely and after all a stolen creation.

The living poet may decide for himself whether treason has been committed by the adapter who visualized his creation on the screen, and did it artistically, but as an artistic motion picture. The dead poet is unable to come to his own defence. If his work cannot be adapted with piety, it is always the privilege of the would-be adapter to leave it alone—as an act of piety.

[See p 91]

Fig. 20. Scene from The Nibelungs.

CHAPTER IX

THE

PATH TO ART

T lyric poem is poised on a shoreless sea; its prime feature is its indefiniteness; it leads on to the undetermined goal of mortal mood. But harmony—that resting which satisfies itself—soon exhausts itself. And, to repeat once more, undetermined mood may easily be converted into monotony, or it may change to a chaotic ebb and flow that connotes the surging of unanticipated floods rather than tidal regularity. No “progressive” work of art revels in planlessness. The sails in which the winds play, as an idle mood may dictate, do not indulge in their seeming gaiety with impunity. Punishment of one sort or another follows. The helm decides a certain course; in this course lie the fruits of strength. In poetry, mood is routed by action. The feelings remain the driving power. For when feeling and passion form an alliance, “action” ensues.

A purely lyrical stage drama such as Anton Wildgans’s Armut (“Poverty”) fails to produce the really deep echo: our sympathy, rattling around itself as the sole pivot it can commandeer soon runs out. The stage, which finds in the play of thoughts a rich variety, needs nevertheless a will-power that guides and gives direction to the stream that flows by. The motion picture, which is much less gifted with wealth of color, labors under the coercion of a strong action somewhat as violin playing labors under the coercion of melody. There is no such thing as a lyric motion picture.

Now, this is of course old, gray theory which applies to the average film, but which never applies to the exceptional creation of the god-endowed genius. Such an exception, and one of marvelously subdued and magic beauty, was Honour thy Mother! This film had not one loud tone apart from a single cry of wild anguish. Its action was the divine mercy of a human heart.

This is all very well; one man could do it once. The Swedes, on the other hand, have suffered pitiable bankruptcy with their lyrical films, though some of them were of exceptional beauty. Success has a better chance of realization when the action is a little robust, strong-fisted. That excesses in this direction are fatal is shown by the idiotic action of the Eddie-Polo films. In the film whose action is benevolently vigorous the lyric element loses its independence. It is dissolved in the action, comes to the fore every now and then in individual places with renewed force, and has a subduing effect on the flow of action. In this way, the moving picture becomes a cheerfully moved and never breathless art. But if the poet throws discipline to the winds and pours out his lyric gentleness over every single scene, his action soon and inevitably sinks into an inert and dripping morass.

There is also no such thing as an epic motion picture; just as there is no such thing as an epic stage play. The epic has an action —that is, a general trend and direction of events, but it has no distinct goal. Episode is concatenated with episode like pearls on a string. In the last analysis, however, there is no such thing as pure epic. When Ulysses the great sufferer is driven from shore to shore, there is something more to his case than the mere driving. Back of his fate stands a dramatic question: Will he return to Ithaca? Will Penelope have remained true to him? Will he be able to overcome her wooers? This being the case, the episodes of his unenviable existence are not concatenated without plan; there is no aimlessness about his affair The incidents of his life are joined together into a complete circle; they end with dramatic necessity, not with epic arbitrariness. The epic of the Nibelungs is dramatic to the core.

The Italian motion picture dangles about in epic robes, attaching, or affixing, scene to scene with proverbial epic breadth. The real action is included in just a few isolated scenes. The picture exists for its own sake, and it is surrounded with perfectly colossal decoration. We have but to think of the Dante film, or of Cabiria, and to a degree of Quo Vadis.

The rest of the world does not feel in this way; and it does not feel this way about the motion picture. The tense and rigid condensation

of the action, and its logical progress from scene to scene—this is the desideratum of the German film. The fates we see all about us, and of which we ourselves are so many living proofs, are not to glide by each other and dissipate in the winds: they are to rebound against each other, and end when their struggle is over. Moreover, such fate as remains when the end has been reached is somehow to be transformed, and bear the stamp of this struggle.

There was the case of Golem. It had in it the possibilities of some tremendous dramatic action. But in the final scenes this potential action was dissipated into an unintended and undesired epic flow: the de-souled monster had again become a lump of clay and lay before us in all its obvious impotency. Everything will turn out all right: the houses that have been burned down will be rebuilt. And the Jews take Golem on their shoulders and carry him off to the synagogue: “Hail to thee, Rabbi Loew! He has saved the city for the third time!” Life will now go on its usual course just as if nothing had happened. And with this the whole affair is over; it is forgotten; and it has been erased from the heart of the spectator. The play seemed to have to do, not with the age of terror of Golem, but with the age of peace. We had expected a tragedy—and we were given an episode.

Another altogether undramatic film was Dr. Caligari. It consisted of a series of gruesome things which, to make matters worse, proved in the end to be the fancies of a madman. The play had action; but it had no goal, no dramatic tension or suspense. The spectator was left in a cloud of uncertainty and doubt. “What is this all about?” he asked himself.

Dramatic suspense is the anticipation of events from which there can be no reasonable escape. Anything that is tossed into our laps, as it were, suddenly and without due motivation appeals to us as irrational, senseless and unnecessary We know that it all might have been so different.

The film, having, as it certainly does, fewer means of expression at its immediate command than the legitimate stage, and depending for its appeal upon an audience that is, as a rule, less cultured, dare not overlook, slight, or neglect a single means that might help it in its

effort to bring out strong effects. Is dramatic suspense or tension inartistic? Quite the contrary; it is the best proof we have of artistic ability, for we may search the art canons of the civilized world and we will never find a rule to the effect that art must be tiring and tiresome. Suspense is artistic, and the greater the effect of it upon the spectator the more artistic it is. One must not fancy, however, that the suspense of Eddie-Polo, or of the sensations of Luciano Albertini are really and finally effective. In the movie of the Apaches, to which the visitor is admitted for the smallest coin known to the mint, this suspense is quite popular, because the nerves of these people have become so blunted and so crude that they have quite lost all appreciation of finer effects. Fortunately, however, the general film public, the one that patronizes the average and paying motion picture, is essentially more refined than the Apache. The more refined spectator cannot be captivated so easily and persistently by the sensational tension that lasts for a moment as he can by the pleasure derivable and derived from lengthier and more enduring amusement. He is more interested in the suspense that is spread out over an entire action, the tension that gives greater evidence of human shrewdness, and is consequently more agreeable to men of like characteristics and qualifications.

Dramatic suspense is not a whip which the poet swings over the heads of his characters. The fact is, one picture should not be made to tumble over another, following the command of “On, on and more of the same kind!” Being driven forward in this fashion can only result in what one instinctively feels is a pursued and persecuted, art, an hysterical art, and in externalities nothing can arise from it but the pouncy art of the criminal film. No, this is not suspense. Suspense is rather the calm, serene hand of the poet that guides the work he is creating. It is this that enables one to feel that the poet is leading his creation along past all potential hindrances straight to a premeditated goal. The man who is unable to cause to arise, through each picture that he presents, the question, what is going to happen next? is doomed to failure from the very outset. Provide him with the most glorious decoration imaginable and all his work will be in vain, and his decorations will vanish as thin air. In the Indisches Grabmal, the Prince led his English guest around for a quarter of an hour on

the screen. The splendor of an Oriental temple, the half of a whole army, was conjured up and visualized—but there was no suspense. We smiled at the pomp of it, and remained perfectly cool and calm. If the people en masse cry for a gala scene in every other picture, well and good. Give it to them! It is your duty and your task. But do what lies in your power to animate even these scenes; try to make even these fit into the action, just as a powerful crescendo movement of the orchestra fits into the music that is being played. In the average film every group scene—parades, carnivals, mysteries—is a stopgap of the action.

Suspense has nothing to do with decoration or scenery. The gigantic raging of gigantic battle scenes is very rarely a source of dramatic suspense. As a matter of fact, strategy is quite rarely effective in a film. Suspense is almost always concentrated in or around just a few individuals.

[See p 91]

Fig 21 Scene from The Nibelungs

That suspense which is produced through external, unpsychic means is generally pretty cheap. One runs for his life; ten are after him. Will he escape? If he can run faster than the ten, yes. If he can shoot into the whole group of his pursuers and locate his shots with efficiency, yes. But when this sort of means is resorted to, the motion picture degenerates into art, not for the masses, but for the rabble, in whom the basest of instincts are satisfied in the basest way.

The suspense of the motion picture does not wait for words, but for deeds. It depends upon changes that must come about and definitive results that must be achieved. And when such deeds are conditions upon the soul’s being shaken to its very depths, and when the outcome and goal are fixed by the feelings, then such suspense as the motion picture may properly indulge in has been achieved, and achieved in accordance with the laws of motion picture art.

For that species of suspense which proceeds from soul to soul quite without visible effect can hardly be attained by the motion picture. And yet, the tonic power, the ability of the spectator to undergo suspense, and to feel it, can hardly be overestimated. We have already become quite familiar with the mimic situation; we are now able to see and feel in the slightest movement the condition of the actor’s wishes. He lifts an eye, and we know what he wants. In the Bull of Olivera, Jannings played the rôle of a French general who deserts his passionately loved Spanish friend. He stands by the door with his hand already on the knob. His back is turned to the spectator; we can see his body quiver: “Shall I remain? Shall I go?” It was brilliant. And, truth to tell, that kind of brilliancy can be met with more frequently in the motion picture than we would be at first inclined to believe.

There was an altogether captivating moment of suspense in Schloss Vögelöd It was entitled in the text “A Confession.” We saw a great spacious hall; it was deserted, except for two perfectly motionless human beings who were separated from each other by the width of the hall (Illustration No. 18). But such suspense, in which the most sensitive æsthete might take extreme delight, is not for the masses. For them it has to be laid on thick. The really clever motion picture actor will always make it a point “to bring something to a

great many,” to use Goethe’s words. To the few he will offer a tension of refined nature and subtle explanation; to the many he will offer a tension that is sturdy, robust, plain as a pike-staff.

The poet handles his suspense in a calm way. With him, suspense is clarity in spiritual intoxication; it is the sculptor’s chisel marks of complete control. It is from it that force ensues and action acquires its sense of goal. Where there is no suspense there is a chaotic draining off of episodes that sink into the sand without leaving a trace.

The motion picture actor, who thoroughly understands his business, guarantees to his art the befitting title of “Dramatic.” It is a title of honor, and will be bestowed when won. In the matter of technical composition and artistic development, the stage and the screen follow the identical course. But from the point of view of significance, they are widely divergent arts. The value of each to, and the effect of each on, striving humanity is poles removed, the one from the other.

Let us repeat—the film is not an art of the intellect but of the soul. It does not serve ideas; it serves feelings. The greatness of the stage actor lies in and is measured by the circle of his thoughts. The greatness of the film actor lies in and is measured by the warmth and depth of his heart, and by the gracious power through which he seizes the spectator and convulses his soul.

The stage actor transforms the cool intellect into warmth. He who, in his own world, is a superman of the spiritual soul carries us along with him; we cannot resist him. The film actor transforms close and sultry sensuality into warmth. He who, in his own world, is a superman of the sensual soul finds his way to our hearts; we cannot resist him.

From such glowing action as is incorporated in Madame Recamier, or The Orphan, or Honour Thy Mother! or the Nibelungs, there is but one moral to be drawn, and that is the moral of the feeling that is as strong as the greatest organ of the greatest cathedral and as impressive. From such motion pictures it is quite impossible to concoct a purely intellectual extract. But it may be that

the moral of the great soul represents and signifies the highest morality of all art, and that any other or further symbolism is nothing more than a mantle that wraps itself about this kernel.

Many of our modern and contemporary art critics suffer from an overestimation of the value and significance of thought qua thought. But the rigidly intellectual has just as little to do with real art as has the purely sensual, and it is not until both have been baptised, dipped deep indeed, into the warm depths of feeling that arises which we call art. And neither the intellectual nor the sensual can be set up as a standard by which to weigh art and determine its ultimate value. It is the psychic power of expression that passes enduring judgment on the creations of the artist.

Is there not something in music that concerns us all, that is a symbolic incarnation of our life of feeling, but which no thought of ours is strong enough to capture on the wing? All the riddles of our soul—call them Happiness, Heart, Love, God, or what you will, are solved in and through our feelings. It is our feelings that make us familiar with them, and intimate part of ourselves. They mock at the mind; they deride the intellect, which can do nothing more than brood in hopelessness, whereas the soul blindly resigns and thus comes to understand.

Thus it is that music is the eternal soul, the symbol of all souls—of the unthinkable, the indescribable, the unspeakable. From the voices of the violin, the bass viol and the flute there breathes but one thing —the soul.

We do not feel entirely familiar with the figures of the motion picture; the Tua res agitur rings out, as yet, only faintly and rarely reaches our ears. But this whole art is so elementary, and is so capable of reflecting the unthinkable fineness of the feelings, that one thing is certain: the time will come when we will be in appreciative accord with the most perfect figures of the motion picture. The union between them and us will be happy, and it will be perfect.

The legitimate stage represents a defection from sensuality, and a hopeless brooding over the eternal riddles of life. But viewed in the

proper light, a defection from sensuality may be a striving after the wish-figures of the motion picture—a home-coming to the soul, a deep baptism in the mysterious fullness of the human breast. Just how high the motion picture will rise, the extent to which it may succeed in going, no man knows. But it will reach the soul. Music originated from sensuality—from a union of rhythm and euphony. Music, too, has a sensual soul the very psychic power of which burns away all sensuality.

To place relative estimates on the value of each of the arts is an irrational undertaking. On the flowery tree of humanity each art has its mysterious meaning—over which we should not brood: cold intellect cannot solve such problems as are associated with this indubitable fact.

I have examined the motion picture from its various angles. I have shown what it is like, explained its fundamental nature, commented on the forces that impel it, discussed the wishes at which it aims, elucidated its origin, and set up its goal. My purpose has been to detach the motion picture from technique, and to make it serviceable to art and culture. I have endeavored to proclaim the mission of the motion picture artist.

No one people, taken as a whole, has Kultur It is only the purest, the noblest, the best of a given people from whose splendor there radiates a remote luster that finds its way to the active life of the masses. If properly applied, and molded by the proper people, the motion picture will be a potent factor in this act of purification. It will deepen our world of feeling and make it more cordial, warmer. Do you recall hearing that anyone ever blamed a given instrument because so many bunglers play on it?

From the motion picture there will flow forth a fruitful stream. All poetic creations of the sensual soul find now their original art. Liberated from them, the poem in words will serve the intellectual soul more joyfully than ever The time will come, too, when it will be shown that in the motion picture there is either no art at all, or only great art. There are abysses all along the road; each step is

threatened; but ingenious security will find its way past all these dangers.

One thing is certain: the motion picture, in its inseparable union with technique, is one step more away from Kultur and toward civilization. The inventions of civilization endure; they connote the inescapable way of humanity. Just as cannon and railroads, electricity and air ships, can no longer be struck from the book of life of coming generations by the willed and willful act of individuals, parties, or the whole human race for that matter, just so is it true that the technical invention of the motion picture belongs forever to the conditions upon which the future will be predicated. We can no longer turn this stream aside; to swim against it would be an imbecilic undertaking. To allow oneself to be driven along by it would be distinctly immoral. Shrewdness and morality make it imperative that we constitute ourselves the advance waves of this stream, so that it may be made to flow in the right and proper channels to the end that its goal may be noble, its course one of generous service to human kind.

For the task of the coming centuries will be the reconciliation of Kultur and civilization. The motion picture—never as a unit or a totality, always as reflected in the possibilities suggested by its rarest fruits—is a powerful sign that this reconciliation will be a complete success.

THE END

Transcriber’s Notes

Page numbers in the table of contents for illustrations point to the illustration. The placement before/after a full paragraph may have affected the location.

Missing full-stops and abbreviation stops silently added

The paragraph ending on page 136 with “loses itself in moral fustian” probably is missing the word “melodrama” at the end.

Misspelled words have been corrected Obsolete and alternative spellings are left unchanged (e g ascendent, dilettant, etherial, heterogenous, Shakespearian) Spelling and hyphenation has not been standardised “Edit Distance” refers to the Levenshtein Distance.

Corrections: